[HISTORY: Adopted by the Township Council of the Township of Evesham as indicated in article histories. Amendments noted where applicable.]
Article I Aerial Spraying
[Adopted 2-22-1983 by Ord. No. 7-2-83; amended in its entirety 9-4-1984 by Ord. No. 29-9-84]
For the purposes of the application and enforcement of this article, the following words and phrases shall be defined as indicated:
- AGRICULTURAL COMMODITY
- Any plant or part thereof or animal or animal product produced by a person (including farmers, rangers, vinyardists, plant propagators, Christmas-tree growers. aquaculturists, floriculturists, orchardists, foresters or other comparable persons) primarily for sale, consumption, propagation or other use by man or animal.
- MICROBIAL INSECTICIDES
- Preparations based on disease organisms which normally cause insect diseases. (See Bacillus thuringiensis; milky disease spores.)
- NONAGRICULTURAL USE
- Use of a property, which property has not been assessed as farmland by the Township Tax Assessor and/or is used for purposes other than the production of an agricultural commodity.
- Includes corporations, companies, associations, societies, firms and partnerships, as well as individuals.
- Any insect, rodent, nematode, fungus or weed or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other animals) which is injurious to health or the environment.
- Includes any substance or mixture of substances labeled, designed or intended for use in preventing, destroying, repelling or mitigating any pest; or any substances or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator, provided that the term "pesticide" shall not include any substance or mixture of substances which the Environmental Protection Agency does not consider to be a pesticide.
- Poisonous or capable of causing acute or chronic injury to living organisms.
Any person engaged in aerial spraying of pesticides over lands located in Evesham Township must register with the Evesham Township Manager or his designee at least seven days before the anticipated date of spraying operations; such registration shall include accurate information regarding:
The pesticide to be sprayed; a copy of the label is to be filed with the Township Clerk.
The area, by lot and block numbers, to be sprayed.
The aircraft (by registration number, model and general description) to be used in the spraying.
The identity of the pilot of the aircraft and his pesticide applicator license number.
The dates and times when the spraying is to take place.
The name, address and telephone number of the person making the application for registration.
The name and address of the insurance carrier insuring the aircraft and the policy number of a public liability and property damage insurance policy covering personal injury and property damage resulting from the spraying and operation of the aircraft; said coverage shall meet or exceed the standards set forth below:
All aerial spraying operations must conform to existing federal and state regulations. For example, no single-engine planes are permitted at low altitudes over congested areas.
The aerial spraying of pesticides, other than microbial insecticides, for nonagricultural uses is specifically prohibited.
The provisions of this article shall not apply to county, state or federal agencies.
Any person violating the provisions of this article (including, but not limited to, the registration requirements) and any person assisting or participating in an aircraft spraying operation resulting in the violation of this article shall be subject to a fine of not more than $500 or imprisonment in the county jail for not more than 90 days or both.